How to determine if a role is inside or outside of IR35

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There are four key tests to determining if a role is inside or outside of IR35. Firstly, Mutuality of Obligation. Often referred to as ‘MOO’, this is about whether the worker can accept or reject a role. Secondly, we have Substitution.Substitution is whether you as the end client or the end user is prepared to allow substitution of the worker at their cost without your explicit approval. Thirdly, we have Control. Control is perhaps the most important aspect of the four. Control is whether or not you are controlling where, how and when the work takes places.

Fourthly, we have Part and Parcel. Part and parcel is whether or not your worker forms part and parcel of your organisation. Do they appear on an organisation chart? Do they have employee responsibilities?

The countdown to compliance has begun. RPO provider, Resource Solutions has created a comprehensive IR35 preparation playbook for its clients. This is available to download on our website. And please don’t hesitate to get in touch about the looming April 6th 2020 deadline.

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